HomeMy WebLinkAbout22- Ordinance 2123 Final Adoption of Gran Cielo Zone Map AmendmentOrd 2123
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ORDINANCE 2123
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO AMEND 4.279
ACRES FROM R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT) TO R-4
(RESIDENTIAL HIGH DENSITY DISTRICT), THE GRAN CIELO – CIELO WAY AND
S. 27TH AVE ZONE MAP AMENDMENT, APPLICATION 22117
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Community Development Board has been created by
Resolution 5330; and
WHEREAS, the City of Bozeman Community Development Board has been assigned
the duties of the Zoning Commission required by Section 76-2-307 MCA; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, after conducting the required public hearing on August 15, 2022, the
Bozeman Community Development Board in their capacity as the Zoning Commission
recommended to the Bozeman City Commission that application No. 22117, the Gran Cielo –
Cielo Way and S. 27th Ave Zone Map Amendment, be approved as requested by the applicant; and
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Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment
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WHEREAS, after proper notice, the City Commission held its public hearing on
September 20, 2022, to receive and review all written and oral testimony on the request for the
zone map amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
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Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment
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requested R-4 district.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of Application No.
22117 the Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment have been
satisfied.
Section 2
That the zoning district designation of the following-described property is hereby amended from
R-3 (Residential Medium Density District) to R-4 (Residential High Density District):
A tract of land being a portion of the remainder of Tract 4 OF C.O.S. NO. 2725
Per Gran Cielo Subdivision Phase 1a, Located In The Northwest One-Quarter Of Section
23, Township 2 South, Range 5 East, P.M.M. City Of Bozeman, Gallatin County, State Of
Montana, more particularly described as follows;
• BEGINNING AT A 2" ALPINE ALUMINUM CAP AT THE NORTHEAST
CORNER OF TRACT 4 OF COS 2725
• THENCE S 01°27'30" W, A DISTANCE OF 189.86' TO A 2" ALPINE ALUMINUM
CAP;
• THENCE 173.39' ALONG A CURVE CONCAVE TO THE NORTHEAST, WITH A
RADIUS OF 300.00', A DELTA ANGLE OF 33°06'51", A CHORD BEARING OF S
15°05'56" E, AND A CHORD LENGTH OF 170.98, TO A 2" ALPINE ALUMINUM
CAP;
• THENCE S 31°39'21" E, A DISTANCE OF 101.25', TO A 2" ALPINE ALUMINUM
CAP;
• THENCE 173.39' ALONG A CURVE CONCAVE TO THE SOUTHWEST, WITH A
RADIUS OF 300.00', A DELTA ANGLE OF 33°06'51", A CHORD BEARING OF S
15°05'56" E, AND A CHORD LENGTH OF 170.98, TO A 2" ALPINE ALUMINUM
CAP;
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Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment
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• THENCE S 01°27'30" W, A DISTANCE OF 230.22' TO A CALCULATED
POSITION;
• THENCE N 88°42'01" W, A DISTANCE OF 200.36’ TO A CALCULATED
POSITION;
• THENCE N 01°17'59" E, A DISTANCE OF 380.00' TO A CALCULATED
POSITION;
• THENCE N 88°42'01" W, A DISTANCE OF 175.00' TO A CALCULATED
POSITION;
• THENCE N 01°17'59" E, A DISTANCE OF 450.89' TO A CALCULATED
POSITION;
• THENCE S 89°15'48" E, A DISTANCE OF 224.91' TO THE POINT OF
BEGINNING,
Containing An Area Of 186,372 Square Feet, 4.279 Acres, all as shown on the attached
exhibit map.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
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Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 20th day of September, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2022. The effective date of this ordinance is __________, __, 2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
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October
18
17November
Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment
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_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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LOT 6 LOT 15
CITY PARK
LOTS 1-8
BLOCK 15
2.685 ACRES
116,980 S.F.
CURRENT
ZONING: R-3
PROPOSED
ZONING: R-4
S 27TH AVEEXHIBIT AMADISON ENGINEERING
895 TECHNOLOGY BLVD, SUITE 203
BOZEMAN, MT 59718
PHONE (406) 586-0262 FAX (406) 586-5740
GRAN CIELO - CIELO WAY AND
S. 27TH AVE. ZONE MAP
AMENDMENT
1 inch =
0
SCALE
80
1604080
GRAN CIELO PH II BLOCK 15 LEGAL DESCRIPTION:
LEGEND
ZONE MAP
AMENDMENT
R-4
PROPOSED ZMA
BOUNDARY
LOT 1
0.145 AC.
6323 SF
LOT 2
0.113 AC.
4922 S.F.
LOT 3
0.113 AC.
4925 S.F.
LOT 4
0.113 AC.
4928 S.F.
LOT 5
0.113 AC.
4932 S.F.
CIELO WAYALLEYALLEY
BENNETT BOULEVARD
S 27TH AVES 28TH AVELOT 6
0.240 AC.
10440 S.F.
LOT 7
0.272 AC.
11867 S.F.
LOT 8
1.576 AC.
68643 S.F.
CIELO WAY
S 28TH AVEZONE MAP
AMENDMENT
R-4
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